EPA Reverses Course on Major-to-Area Source Policy (Again!)

Effective January 2, 2026, the EPA finalized revisions to the NESHAP General
Provisions (40 CFR 63 Subpart A) that restore the 2020 policy on source
reclassification. This action eliminated provisions that previously required certain facilities to continue complying with major source MACT standards even after reclassifying as area sources for rules such as MACT CC, Boiler MACT and MON.

With this change, facilities can once again reclassify from major to area source and potentially apply area source standards instead of major source MACT requirements post-reclassification. The shift establishes a “you are what you emit today” standard, allowing sources to exit major source requirements by reducing both actual emissions and potential to emit (PTE) below major source thresholds.

Smaller facilities can benefit by reevaluating PTE strategies and synthetic minor limits to determine if reclassification offers a more favorable regulatory path under the restored policy. Let your TRICORD contact know that you are interested in evaluating your site wide PTE and associated regulatory applicability. Grab your operational flexibility back!

𝐒𝐨𝐮𝐫𝐜𝐞𝐬:
eCFR Redline Changes (40 CFR 63.1)

Federal Register (91 FR 58)